Wakilii

Petrom Limited v Dolphin Petroleum Limited (Miscellaneous Application No. 1438 of 2021)

High Court · [2022] UGCOMMC 65 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for unconditional leave to appear and defend arising from summary suit for unpaid fuel deliveries
Decision
Applicant granted unconditional leave to appear and defend the summary suit on its merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an affidavit in reply complied with the Oaths Act where the jurat stated the place and date, notwithstanding that annexures lacked such details. The applicant raised triable issues including disputes over who delivered fuel, who was paid, and the precise amount owed. Where the amount claimed is disputed and requires taking an account to determine, and where questions of fact arise as to delivery and payment, leave to defend must be granted.

Outcome

Applicant granted unconditional leave to appear and defend the summary suit on its merits

Facts

The respondent brought a summary suit against the applicant for unpaid fuel deliveries. The respondent claimed the applicant issued cheques for fuel deliveries which were dishonoured. The applicant applied for leave to defend, contending that fuel was delivered to Total Uganda Ltd by Costalina Kenya Ltd, which was paid, and that the applicant had already paid UGX 927,316,710. The respondent claimed UGX 196,539,690,000. The applicant disputed the amount owed and raised questions about who delivered the fuel and who received payment. The respondent relied on dishonoured cheques and a police statement allegedly made by the applicant's managing director admitting the claim.

Issues

  1. Whether the respondent's affidavit in reply was defective for non-compliance with the Oaths Act.
  2. Whether the applicant raised triable issues warranting grant of leave to appear and defend the summary suit.

Orders

  • Application granted.
  • Applicant granted leave to appear and defend the suit.
  • Applicant to file defence within 7 days from the date of the ruling.
  • Respondent may file reply in accordance with Civil Procedure Rules timelines.
  • Costs of the application to be in the cause.

Rules and key headnotes

Civil Procedure — Affidavits — Compliance with Oaths Act — Jurat Requirements
An affidavit complies with section 6 of the Oaths Act where the jurat or attestation states the place and date the affidavit was made, notwithstanding that annexures to the affidavit do not contain such details.
Civil Procedure — Summary Suits — Leave to Defend — Test for Grant
A defence on the merits does not mean a defence that must succeed. It simply means triable issues which raise a prima facie defence and which should go to trial for adjudication.
Civil Procedure — Summary Suits — Leave to Defend — Disputed Amount
Where the amount claimed is disputed and requires taking an account to determine the actual sum owed, leave to appear and defend must be granted as this constitutes a triable issue.
Civil Procedure — Summary Suits — Leave to Defend — Disputes of Fact
Where a defendant raises questions of fact as to who delivered goods, who was paid, and the precise amount owed, these constitute triable issues warranting grant of leave to defend, as the facts disclosed do not establish the amount claimed with sufficient precision to entitle the plaintiff to summary judgment.

Legislation cited (8)

Cases cited (5)

  • Ezama Apollo Olema v Nile Micro Finance Uganda Ltd and Another (Miscellaneous Application No. 13 of 2017)
  • Oscar Raphael Lutaya v Habib Asega and Others (Miscellaneous Application No. 507 of 2021)
  • Patel v Cargo Handling Services Ltd [1994] 1 EA 75
  • Kotecha v Mohamed [2002] 1 EA 112
  • Kanakulya Joseph v Africa Polysack Industries Limited (Miscellaneous Application No. 215 of 2011)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Petrom Limited v Dolphin Petroleum Limited (Miscellaneous Application No. 1438 of 2021) [2022] UGCommC 65 (21 April 2022)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.